Dismissed

Sasindran Nair v. the Travancore Devaswom Board

Kerala HC24 Nov 2022WP(C)/37885/2022

Case brief

AI extract

What is this about?

This writ petition challenged the decision of the 5th respondent society to debar the petitioners from participating in the Aranmula Uthrattathi Boat Race. The Court held that such a decision by a society cannot be decided in an original petition under Article 226 and the petition fails on maintainability grounds.

What did the court decide?

The writ petition fails on the ground of maintainability and is accordingly dismissed.

Sasindran Nair Vs the Travancore Devaswom Board — Writ and Judicial Review | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G.AJITHKUMAR

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THURSDAY, THE 24TH DAY OF NOVEMBER 2022/3RD AGRAHAYANA,
1944

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W.P.(C)NO.37885 OF 2022

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PETITIONERS:

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1 SASINDRAN NAIR, AGED 70 YEARS S/O.RAMAKRISHNAN NAIR, PANCHAVADI, MALLAPUZHASSERY, ARANMULA P.O, PATHANAMTHITTA DISTRICT-689533, PRESIDENT-SREE PARTHASARATHY KARAYOGAM.

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2 G BALAGOPAL, AGED 56 YEARS S/O. K.G.GOPALAN NAIR, GOPASADAN, MALLAPUZHASSERY, ARANMULA P.O, PATHANAMTHITTA DISTRICT-689533, SECRETARY-SREE PARTHASARATHY KARAYOGAM.

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3 G. BALAGOPAL(VIJAYAN), AGED 59 YEARS S/O. GOPALAN NAIR, NADAMANGALATH HOUSE, MALLAPUZHASSERY, ARANMULA P.O, PATHANAMTHITTA DISTRICT-689533, TREASURER – SREE PARTHASARATHY KARAYOGAM.

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BY ADVS.JOMY GEORGE
R.PADMARAJ
M.J.BENNY
R.AJITH KUMAR [V.K.EDOM]
CHITRA N. DAS
RISHAB S.
FATHIMA AFEEDA P.
RONA ANN SIBY

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RESPONDENTS:

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1 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY THE SECRETARY, DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR.P.O., THIRUVANANTHAPURAM-695 003.

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W.P.(C)No.37885 of 2022

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2 THE COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR.P.O., THIRUVANANTHAPURAM-695 003.

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3 THE ASSISTANT COMMISSIONER TRAVANCORE DEVASWOM BOARD, ARANMULA DEVASWOM, ARANMULA, PATHANAMTHITTA - 689 533.

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4 THE ADMINISTRATIVE OFFICER TRAVANCORE DEVASWOM BOARD, ARANMULA DEVASWOM, ARANMULA, PATHANAMTHITTA - 689 533.

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5 PALLIYODA SEVA SANGAM, ARANMULA REG.NO.P/63/97, REPRESENTED BY ITS SECRETARY, PANCHAJANYAM, ARANMULA, PATHANAMTHITTA- 689 533

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6 THE SECRETARY PALLIYODA SEVA SANGAM, ARANMULA REG.NO.P/63/97, PANCHAJANYAM, ARANMULA, PATHANAMTHITTA- 689 533

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7 THE DISTRICT COLLECTOR 2ND FLOOR, COLLECTORATE BUILDING, CHITTOOR, PATHANAMTHITTA- 689 645

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8 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TOURISM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001

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SRI G.SANTHOSH KUMAR – SC, TDB
SRI S.RAJMOHAN- SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C)No.37885 of 2022

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JUDGMENT

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Anil K. Narendran, J.

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The petitioners, who are members of Parthasarathy Palliyoda Karayogam, which had participated in the Aranmula Uthrattathi Boat Race conducted on 11.09.2022 at Aranmula in Pamba River, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 decision taken on 27.10.2022 in the general body meeting of the 5^th respondent Palliyoda Seva Sangam, Aranmula, which is a society registered under the TravancoreCochin Literary, Scientific and Charitable Societies Registration Act, 1955, whereby, Parthasarathy Palliyoda Karayogam is debarred from participating in Aranmula Uthrattathi Boat Race for a period of two years, for the reasons stated therein. The petitioners have also sought for a writ of mandamus commanding the respondents not to take back the trophy and the cash prize awarded to Parthasarathy Palliyoda Karayogam and not to debar the said Karayogam from participating in the boat race and not to prevent its grant for two years. The further relief sought for is a writ of mandamus commanding

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W.P.(C)No.37885 of 2022

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respondents 5 and 6 to conduct a proper enquiry after furnishing relevant documents to the petitioners and consider their contentions properly before taking a decision in the matter.

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Heard the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 4 and also the learned Senior Government Pleader for respondents 7 and 8.

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The learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader would raise the question of maintainability of this writ petition.

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The learned counsel for the petitioners would contend that since the boat race in question is an integral part of the festival in Sree Parthasarathy Temple, Aranmula in connection with ‘Prathishta’ day, the petitioners can seek interference of this Court on Ext.P5 decision of the 5^th respondent Palliyoda Seva Sangam, under Article 226 of the Constitution of India. The learned counsel for the petitioners would place reliance on the judgment of this Court dated

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-5-

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W.P.(C)No.37885 of 2022

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19.08.2010 in W.P.(C)No.25370 of 2010, in support of the said contention.

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W.P.(C)No.25370 of 2010 was one filed by Sree

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Neelakanda Vilasom NSS Karayogam, seeking permission to participate in Aranmula Uthrattathi Boat Race scheduled to be held on 27.08.2010. They apprehended that their Palliyodam will not be permitted to participate in the Boat Race, because for the last two years they were not allowed to participate in the festival. In the Boat Race held on 16.09.2008, there was collision of boats and the allegation was that the rowers engaged by the writ petitioner caused the problem. Before the Division Bench, it was informed that there is an understanding among all concerns and the writ petitioners Palliyodam also could be permitted to participate in the festival. Based on the aforesaid understanding, which was brought to the notice of the Division Bench by the learned Advocate Commissioner, W.P.(C)No.25370 of 2010 was disposed of by the judgment dated 19.08.2010 permitting the writ petitioner to participate in the Boat Race, subject to the conditions stipulated in that judgment and the District Collector, Pathanamthitta was

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W.P.(C)No.37885 of 2022

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directed to ensure that the Boat Race take place smoothly.

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The judgment of the Division Bench in W.P.(C)No.25370 of 2010, which was rendered taking note of the understanding among the parties regarding the conduct of Aranmula Uthrattathi Boat Race scheduled to be held on 27.08.2010, in no manner support the case of the petitioners on the maintainability of this writ petition.

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Ext.P5 decision, which is under challenger in this writ petition is the decision taken on 27.10.2022 in the general body meeting of the 5^th respondent Palliyoda Seva Sangam, Aranmula, which is a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, whereby, Parthasarathy Palliyoda Karayogam is debarred from participating in Aranmula Uthrattathi Boat Race for a period of two years, for the reasons stated therein. The legality or otherwise of Ext.P5 decision taken in the general body of the 5^th respondent Palliyoda Seva Sangam, which is only a society, cannot be decided in an original petition filed under Article 226 of the Constitution of India. The proper remedy is to approach the competent civil court

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W.P.(C)No.37885 of 2022

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seeking appropriate reliefs.

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In the result, this writ petition fails on the ground of

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maintainability and the same is accordingly dismissed.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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AV/30/11

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W.P.(C)No.37885 of 2022

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APPENDIX OF WP(C) 37885/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE,
DATED 23-09-2022

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Exhibit P2 TRUE COPY OF THE REPLY, DATED 03-10-
2022

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Exhibit P3 TRUE COPY OF THE LIST OF THE MEMBERS
OF PETITIONERS TEAM WHICH PARTICIPATED
IN THE BOAT RACE

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Exhibit P4 TRUE COPY OF THE NOTICE DATED 10-10-
2022

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Exhibit P5 TRUE COPY OF THE DECISION OF THE
GENERAL BODY MEETING OF THE 5TH
RESPONDENT, DATED 27-10-2022

Sasindran Nair v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

Sasindran Nair v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

What the court decided

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